An open letter to Jillian Skinner, on behalf of Suresh Nair's victims

Eamonn Duff

Dear Jillian, it was not so long ago when, as the state's shadow health minister, you were determined to speak about any unfolding story or issue relating to public health.

Whether it was cover-up claims at Campbelltown Hospital or the systemic problems plaguing mental health care, you were always quick to contact journalists offering comment and feedback.

Where are you now?

Over the past month, Fairfax Media has published significant revelations regarding the drug-abusing Nepean Hospital neurosurgeon Suresh Nair, who was allowed to perform complex surgery on hundreds of patients over a five-year period despite both the Medical Council of New South Wales and the Health Care Complaints Commission (HCCC) being fully aware of his chronic, ongoing cocaine addiction.

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Helen Kerner, David Sheppard, Debbie Burns, Karmen Bradley, Judy McIntosh and Carla Downes all deserved to be armed with that same knowledge before Nair wrecked their lives through botched operations that he performed between all-night cocaine binges with sex workers.

But here is the really hard part to comprehend: We still do not know how many lives were destroyed – or prematurely ended – by the doctor’s clinical failures because the very organisations charged with protecting public health and safety are failing in that role.

Ten days ago, Fairfax Media presented some of Nair’s medical victims whose distressing stories expose the glaring inadequacies of our healthcare complaints system. Some have since remarked that when you, Jillian Skinner, declined to comment, it left them with nowhere to go.

For almost two years, Carla Downes has been refused access to the findings of a HCCC investigation into her treatment because Nair chose not to fight the charges of negligence due to be brought against him.

Let us put this into perspective: Mrs Downes struggles with a 27 per cent whole body impairment and is on the verge of losing bowel and bladder function because at some stage during three bungled operations on her brain and spine Nair was either high as a kite or suffering the effects of a drug come-down.

A Fairfax investigation has revealed that 10 days after he performed the second surgery on Mrs Downes, Nair spent $19,640 on an 11-hour cocaine and sex "party pack" inside Sydney brothel Liaisons. Internal brothel room records, viewed by Fairfax, also show that in those September weeks either side of Mrs Downes' third botched procedure, he spent a further $58,000 on sex and drugs at Liaisons. Those facts are more than she has ever received from the HCCC.

She co-operated fully with its investigation into her care. She supplied all the scans, medical notes and other case-related material curiously missing from Nair’s own records. She is resigned to crawling up her stairs, on her hands and knees, for the rest of her life. She, and others like her, deserve to know exactly what went wrong.

As a long-standing opposition health minister, you were always vocal during times like these.

When, in 2008, it emerged that Dr Graeme Reeves, the infamous Butcher of Bega, had been allowed to continue working within the public health system despite serious complaints spanning more than a decade, you called for a full ‘‘public investigation’’, stating: ‘‘Too many people knew about Dr Reeves’ history and did nothing.’’

You also asked: ‘‘If this doctor can work in NSW hospitals ... then how can patients across the state be confident about their treatment?’’

Perhaps you could explain why that scenario is different to this one?

Nair was singled out in a 2005 Medical Council report as having ‘‘a severe impairment in the form of cocaine abuse/dependency''. He failed urine tests. He was the subject of complaints from concerned colleagues. He was temporarily suspended – twice. Two prostitutes died of overdoses, months apart in his apartment, because of drugs he personally supplied. Yet, somehow, he retained his registration and continued operating right up until November 2010, when detectives arrested him and charged him with murder.

Five years is an awful long time for a drug-dazed neurosurgeon to be playing Russian roulette, in a clinical setting, with patients’ lives. Are those same patients really expected to accept the findings of a ‘‘review’’ that, a short time later, found that Nepean Hospital bosses had ‘‘generally managed Nair's impairment issues appropriately’’?

As the former opposition health spokeswoman six years ago, you might also recall accusing then-minister Reba Meagher of attempting to cover up the Reeves scandal. You stated at that time: ‘‘These are women who are traumatised by the treatment of this doctor, yet the minister hasn't taken the trouble to do anything until the media headlines forced her to deal with political embarrassment.’’

It would appear history is now repeating itself. Mrs Downes and Nair’s other medical victims have called for an independent ‘‘public investigation’’ of his time at Nepean. They also dare to dream of a healthcare complaints system that places their interests ahead of those of disgraced doctors and hospital administrators.

Like Reeves’ victims, they deserve better than bureaucratic silence.

Eamonn Duff is a Fairfax journalist.

36 comments

It's high time that these "highly educated" individuals that us "normals" rely on for help are publicly held accountable for destroying the lives of patients.

Those who were complicit in knowing that Nair was a drug user should also be held accountable.

What the hell is going on in this country? It's going to hell in a hand basket because we have useless authorities, useless politicians and useless hospitals (excluding nurses and doctors who do really care about people) because it's all about profits before people now.

Commenter

Robinski

Location

Central Coast

Date and time

June 20, 2014, 5:57AM

Robinski, you're absolutely right to vent your frustration, the performance from politicians at all levels and from both sides of the duopoly is deplorable. Unfortunately, nothing is going to change unless enough people understand that the political system is the cause.

When a country is ruled by a duopoly and both sides know there is very, very little chance of them ever being dislodged, they are basically able to perform how they want to. It's no different from a dictatorship, except in this case there are two dictators. They can break promises, blatantly lie, under-perform, form relationships with big business and trade unions for monetary gain, they can virtually do as they please. The worst that can happen, is that following an election, they come in second and spend a little time in Opposition. They still get paid with all the perks, and it all comes out of our pockets!

This my friend is the reason our hospitals, our schools, our public assets, which have mostly been sold off in order to fund political mismanagement, are in a state of deterioration. We are not alone however, look closely at any country that is ruled under a two party duopoly and you will see a financial catastrophe, hidden under a pile of printed money and asset bubbles.

The two party double dictatorship is the elephant in the room.

Commenter

kanga

Date and time

June 20, 2014, 7:00AM

Actually, we have many sober, caring and skilled doctors and nurses in NSW public hospitals. I am one of the public hospital specialists who is dismayed at how Nair was allowed to operate on patients while drug-addicted. I have treated one of his silent victims, who didn't want to go to the HCCC even though he has lost use of both his arms. Specialists are highly educated and skilled, but that is irrelevant if you're drugged out of your mind. A couple of bad eggs shouldn't tar the rest of us who are just as angry that the authorities didn't stop this person from practising and allowed patients to be put at risk, and the authorities that are now protecting themselves rather than owning up to failing to protect patients.

Commenter

David

Date and time

June 20, 2014, 7:34AM

@David "..I am one of the public hospital specialists who is dismayed at how Nair was allowed to operate on patients.."

Yet the various Medical Colleges and Associations are strangely silent about these "...couple of bad eggs...".

Perhaps if you and your colleagues were more publicly vocal then Govt may act years before they do. The situation in Bundabeeg, for instance, should have been cleared up long before both Govt and the medical industry were forced to act, glacially.

You are part of the problem, skilled as you may be, you have to lift your moral and ethical game. otherwise you are just as tainted,if only by association.

In a supposedly open and democratic society, failure to publicly speak out attracts degrees of culpability.

As the fellow is a neurosurgeon, was he a member of any of the medical colleges? If so, do they not have articles whereby one of their members who indulges in professional practices that either endangers the lives of his patients (your raison d'etre) or brings disrepute on the industry, they can the de-registered and hence not be permitted to keep practicing ?

If not, why not?

If so, why didn't his peers take action years ago?

Commenter

DenisPC9

Location

New England Region

Date and time

June 20, 2014, 9:26AM

Fair suck of the sauce bottle DennisPC9. It's easy from a distance no doubt but specialists ans surgeons in hospitals are extremely busy with thgeir own patients. Yes they have a duty to report supect practices and behaviour but ultimately it's the responsibility of hospital authorities and professional bodies to ensure pateints and the public are not put at risk. In this case it appears that too many have been asleep at their well-remunerated wheels. Ultimately responsibility rests with the invisbile and oddly quiet Minister Skinner, and the first thing she should be doing is providing Nairn's victims with information and comfort. At the same time if she was a half-decent Minister she'd be applying the blowtorch to the professional conduct bodies and seeking some resignations.This sprry episode suggests that some are more focused on protecting their profession and colleagues than on protecting the public. Another excellent piece of SMH journalism. Good job Eamonn

Commenter

Jon

Date and time

June 20, 2014, 10:16AM

forgive me if Im wrong but didn't all this happen in 2009 under a previous government? the constant demands for the government to "do more" is the biggest threat to our rights our liberties and our freedoms. every time the government responds to our demands to do more they restrict our lives and impose more and more restrictions upon us. wake up and smell the coffee people. the best people to make positive change are ourselves. there are enough laws and regulatory bodies out there already to report wrong doing to - we don't need more laws and more oversight. we as individuals need to take more responsibility for our own actions and as a community for each other others actions.

Commenter

interested observer

Location

Sydney

Date and time

June 20, 2014, 10:41AM

Right Robinski, so if you had a drug problem could doctors refuse you treatment?How is it any different assuming he is not under the influence whilst working (can be checked)?

Commenter

Goose

Location

Gander

Date and time

June 20, 2014, 3:23PM

Also stated in another article in SMH today: "In 2011 the Health Care Complaints Commission (HCCC) acknowledged it was so cash-strapped it was having to cut both the number – and quality – of its investigations." This situation hasn't been rectified in the recent budget even after the shocking situation just described. What hypocrites Liberals are when they are elected. Promises before an election; disaster afterwards.

Commenter

amtc

Date and time

June 20, 2014, 6:00AM

The HCCC "acknowledged" that it was cash strapped. No, no, no, ... they asserted they were cash strapped. A typical bureaucratic cop out."... this year’s budget allocation was $12.3 million – an increase of $1.45 million since 2010-11, when Labor was in government."The HCCC did not proffer the possibility of using its budget more efficiently?"5185 complaints". Haven't the HCCC heard of prioritising? Or are they admitting that investigations on surgeons like Nair and Reeves suffer because their top paid people do not have the acumen to sift out rubbish complaints?

Commenter

Tom

Location

Sydney

Date and time

June 20, 2014, 11:13AM

Cash strapped or not, the Health Care Complaints Commission (HCCC) is a useless institution. It does not assist improve health standards. It does not provide a meaningful service to the taxpayer.